What if someone does a rolling stop and hits you even if you were stopped before they got to the stop sign?

Question

I stopped at my sign at a 4 way stop. Two cars approached the left & right stop signs but did not get to the stop sign until after I was completely stopped. I started to go, there was no right of way because I was certainly stopped before they even got there. The little old lady did one big rolling stop and smashed right into the right side of my vehicle. The witness took off. She says she stopped but she even had to back up. At our stop signs there is a big white line right at the stop sign, a crosswalk and another small white line, she was a foot 1/2 across the little white line into the intersection. The damage is AFTER my front wheel. She is on a fixed income and does not want to pay. Can't go through insurance because mine would go up even though she is at fault. Again, the only witness took off and the damage is at $2000. From the jolt and surprise, I have twisted my back and am on prescriptions and need massages. Can this go to small claims without going through insurance?

Answer 1

Go through your insurance, NOW.  It doesn't matter if she is on fixed income, or doesn't want to pay.  If she is at fault (and she appears to be) her insurance will pay.

Answer 2

The woman is on a fixed income....you can sue her and her insurance company will hire a lawyer to represent her.  Either way, you still have to prove her at fault and it's going to be a word vs. word situation.

Your best bet is to file with your insurance company and file a claim with her company and see what happens.

P.S. - massages are not medical treatment. Don't expect to get paid for that.

Answer 3

In small claims or any court, you will need evidence. Do you have a police report. No matter who was at fault, you have gotten one. If she goes to court and says she was stopped and you rolled the sign, who wins? The judge has nothing to prove anything. It is critical to get a report. The other thing is that if you did have injuries as you claim, contact you insurance anyway. Most companies won't raise your rates significantly for a not at fault accident unless you have a poor driving record. One accident in about 3 years is normal and accounted for in their risk analysis. For 2 grand plus medical you would need a police report and to get the insurance company involved. If your company believes her to be at fault, they will go after her for the money.

Answer 4

no, you cant take her to small claims if you have insurance, that is what your insurance is for. If insurance doesn't pay part then you can sue her, but you will have to use your insurance.And why would you have all these med problems if she just "rolled" into you? I can't see why you'd have so many issues and need prescriptions and massages. Seems as though you're trying to suck the life and money out of a simple situation.

Answer 5

Call your insurance company and let them handle it.  That's why you pay a premium.  People think it will be better for them to handle it on their own, yet it only causes problems down the road.

Your insurance company with take your statement (and hers), inspect your vehicle.  If you say the damage is behind the left front wheel (where is hers), seems you were pretty much in the middle of the intersection when she struck you.  If the insurance companies can't come to a decision, if it's worth it, they'll take it to arbitration where a judge or a mediator will decide which carrier is to pay what.

Not sure what state your in, yet in Calif....unless you have a no accident policy, your premium is not affected unless your 51% or more at fault.

** FYI, massages can be considered a medical treatment if you are referred by a medical doctor **

Answer 6

You can go to small claims court without going through insurance, however if the other person is at fault, your insurance company cannot raise your rates, because if they pay you (less your deductible), they will subrogate against the other party's insurance company for the amount INCLUDING your deductible. Once they recover, they will send you your deductible that they collected on your behalf from the other party.